Vermont § 1445 - Nonconforming parcels; permit standards

§ 1445. Nonconforming parcels; permit standards

• (a) Permit for nonconforming parcels. A permit applicant shall comply with the requirements of subsection (b) of this section
  if the applicant cannot meet the standard required under subdivision 1444(a)(1) of this title on a parcel of land in existence on July 1, 2014, due to one of the following limitations: (1) parcel size; (2) the site characteristic or site limitations of the parcel, including presence of highway
  or rights of way and soil type; or (3) application of municipal setback requirement in a municipal bylaw adopted on or before
  July 1, 2014. (b) Permit standards for nonconforming parcels. (1) For a parcel on which there is no habitable structure, the cleared area or impervious
  surface shall be as far as possible from the mean water level, and at a minimum shall
  be no less than 25 feet from the mean water level, except for shoreland stabilization
  measures designed to repair or prevent erosion or flood risks and approved by the
  Secretary. (2) For a parcel on which a habitable structure is located, the expansion of any portion
  of the structure within 100 feet of the mean water level shall be on the side of the
  structure farthest from the lake, unless the Secretary determines that: (A) expansion on an alternate side of the structure will have an impact on water quality
  that is equivalent to or less than expansion of the structure on the side farthest
  from the lake; and (B) the structure is not expanded toward the mean water level. (3) Cleared area or impervious surface within the protected shoreland area shall be located
  on a site: (A) with a slope of less than 20 percent; or (B) that the permit applicant demonstrates will have a stable slope with minimal erosion
  and minimal negative impacts to water quality. (4)(A) No more than 20 percent of the protected shoreland area of the parcel shall consist
  of impervious surface; or (B) The permit applicant shall demonstrate that best management practices will be used
  to manage, treat, and control erosion due to stormwater runoff from that portion of
  impervious surface that exceeds 20 percent of the protected shoreland area. (5)(A) No more than 40 percent of the protected shoreland area of the parcel shall consist
  of cleared area, including area cleared for the purposes of creating an impervious
  surface; or (B) The permit applicant shall demonstrate that best management practices will be used
  to provide erosion control, bank stability, and wildlife habitat functionally equivalent
  to that which would be provided by clearing less than 40 percent of the protected
  shoreland area. (c) Vegetation maintenance on nonconforming parcels. A permit issued under this section for creation of cleared area or impervious surface
  on a nonconforming parcel shall not require compliance with the requirements of section
  1447 for the management of vegetative cover. (d) Application process. An applicant for a permit under this section shall submit to the Secretary a form
  that identifies the basis of the nonconformity on the parcel. The Secretary may issue
  a permit under this section to an applicant who meets the requirements of subsection
  (b) of this section. (Added 2013, No. 172 (Adj. Sess.), § 2.)